JOSE R. FLORES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant, Jose R. Flores (“defendant”), challenges an order summarily denying his motion for post conviction relief, pursuant to Florida Rule of Criminal Procedure 3.850. We are constrained by the Florida Supreme Court’s decision in State v. Leroux, 689 So. 2d 235 (Fla.1996) to reverse.
The record, which includes the transcript of the plea hearing, does not conclusively refute the defendant’s allegation that his plea was induced by erroneous information regarding the amount of time he would actually serve, provided by his attorney. Accordingly, we reverse the order denying the defendant’s motion for postconvietion relief as to this issue only, and remand for an evidentiary hearing on this matter. See State v. Leroux, 689 So. 2d at 235 (misrepresentation by counsel as to the length of a sentence can be the basis for postconvietion relief; defendant’s negative response to question whether anything was promised him to induce plea did not conclusively refute postconvietion ineffective assistance claim based on counsel’s misrepresentations regarding sentence).
Reversed and remanded for an evidentiary hearing.
Cases With Similar Vibessemantic neighbors from the corpus
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Rivero v. State, 744 So. 2d 1255 (Fla. 3d DCA 1999)…hat his attorney misadvised him concerning the amount of time he would serve. See State v. Leroux, 689 So. 2d 235 (Fla.1996); Siebert v. State, 730 So. 2d 852 (Fla. 3d DCA 1999); Rensoli v. State, 718 So. 2d 1278 (Fla. 3d DCA 1998); Flores v. State, 717 So. 2d 161 (Fla. 3d DCA 1998). Accordingly, we reverse the order and remand for an evidentiary hearing on that allegation. We affirm the order as to the second ground as it is legally insufficient. Affirmed in part, reversed in part, and cause remanded.…
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Bell v. State, 746 So. 2d 515 (Fla. 3d DCA 1999)…efendant is entitled to an evidentiary hearing on this claim. See Rensoli v. State, 718 So. 2d 1278 (Fla. 3d DCA 1998); see also Rivero v. State, 744 So. 2d 1255 (Fla. 3d DCA 1999); Isaza v. State, 746 So. 2d 492 (Fla. 3d DCA 1999); Flores v. State, 717 So. 2d 161 (Fla. 3d DCA 1998); Yates v. State, 720 So. 2d 285 (Fla. 2d DCA 1998); Booth v. State, 687 So. 2d 335 (Fla. 3d DCA 1997). As the Florida Supreme Court has explained: A defendant who is informed by the court during the plea colloquy that he may hav…
Authorities Cited
- State v. Leroux, 689 So. 2d 235 (Fla. 1996)